The Affordable Care Act Provisions – For Reference
This article, originally published in 2011, is provided as reference and for comparison to later legislation. As Massachusetts residents and business operators know, then-Governor Mitt Romney signed into law the Massachusetts Health Care Reform Act in 2006. In March 2010 President Obama signed into law the federal Health Care and Education Reconciliation Act of 2010…
Which Employees in Massachusetts are Eligible to be Paid as Tipped Service Employees?
While most Massachusetts employers often know when they can and cannot classify an employee as paid hourly or paid a salary as an exempt employee under the federal Fair Labor Standards Act, occasionally an employer will ask whether it must pay its hourly paid employees the minimum wage (which is $12 per hour as of…
Understanding Special Needs Planning
As seen in Thomson Reuters® Practical Law in 2019.A Practice Note explaining estate planning for individuals and family members with special needs. This Note addresses different planning techniques including first-party special needs trusts and third-party special needs trusts (sometimes referred to as supplemental needs trusts or SNTs), pooled trusts, and ABLE accounts, and the funding, administration, and…
21st Century Estate Planning – It’s Not As Easy As You Think
If you are a member of the Baby Boomer generation, you probably watched “Leave it to Beaver” or “Andy Griffith”. These TV programs painted an idealized view of family life, even for a single Dad such as Sheriff Taylor. The reality then and now is that such portrayals of family life were a fantasy for…
Thinking Beyond Special Needs Trusts
I have given some thought over the last several months to the long- term intended consequence of special needs planning. Certainly, special needs planning is more than a legal instrument; a special needs trust is supposed to direct the Trustee to do some things and refrain from doing others. It certainly is more than listing…
The Importance of Collaboration Between Your Professional
Collaboration between advisors in joint client engagements leverages the knowledge base and technical expertise of each professional advisor. Since this common sense premise is so obvious, why isn’t there a higher level of collaboration between attorneys, accountants, wealth managers and insurance professionals in working together to meet client goals and objectives? In a recent article…
Supplemental Security Income: Top Ten “Must Know” Issues
In my practice, it is very common to receive a call about a notice from the Social Security Administration (“SSA”) concerning a reduction, elimination or other modification of Supplemental Security Income (“SSI”) benefits. This is, of course, a troubling experience for the SSI beneficiary and the representative payee. In many cases, the reduction in benefits…
Integrating Futures Planning, Estate Planning and Legal Protections for Persons with Disabilities: A Primer
INTRODUCTION As families plan the future for their son or daughter or sibling with a disability, the considerations of what steps they need to take now can be a most daunting challenge. The future not only holds the high degree of uncertainty faced by all families; families who have a son or daughter with a…
Incorporating Pets in an Estate Plan
For many of us, our pets are trusted and valuable companions. Legally, pets are considered merely personal property – the Latin term is “chattel.” But our valued furry friends are more often than not considered a member of our family, not a piece of property. Therefore, it makes sense to make special provisions for them…
